3063. Misbranding of Benzedrine Sulfate  Tablets and sulfathiazole tablets.
U. S. v. Samuel Price (Sam Price's Drug Store).  Plea of nolo contendere.
Fine, $500.   (F. D. C. No. 28150.   Sample Nos. 53329-K, 53896-K, 53906-K,
54125-K, 54130-K, 54321-K.)
INFORMATION FILED :   April  5,  1950, Eastern District of Louisiana,  against
Samuel Price, trading as Sam Price's Drug Store, New Orleans, La.
INTEESTATE SHIPMENT: Between the approximate dates of October 16, 1947,
and May 16, 1949, from the States of Pennsylvania and Michigan into the
State of Louisiana.
ALLEGED VIOLATION : On or about June 13, July 13 and 20, and August 11 and
26, 1949, while the drugs were being held for sale after shipment in inter-
state commerce, the defendant caused various quantities of the drugs to be
removed from the bottles in which they had been shipped, to be repacked
into small bottles, and to be sold to various persons without a prescription,
which acts of the defendant resulted in-the repackaged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1) and (2), the repackaged
drugs failed to bear labels containing the name and place of business of the
manufacturer, packer, or distributor, and a statement of the quantity of the
contents; Section 502 (e) (1), the repackaged Benzedrine Sulfate Tablets
failed to bear a label containing the common or usual name of the drug;;
Section 502 (f) (1), the repackaged Benzedrine Sulfate Tablets bore no
labeling containing directions for use; and, Section 502 (f) (2), the repackaged
sulfathiazole tablets bore no labeling containing warnings against use in those
pathological conditions where their use may be dangerous to health, and
against unsafe dosage and methods and duration of administration.
DISPOSITION : April 26, 1950. A plea of nolo contendere having been entered,
the court imposed a fine of $500.